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Eviction. What next?

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GeorgiaMum2011

Junior Member
What is the name of your state?
Georgia.


Theres a lot behind this and im typing on my phone.. So I apologize.

When we started renting this apartment it was very torn apart. We still paid a security deposit and fixed the apartment up ourselves.. Had permission to paint, etc. The previous tenants literally glued things to the walls and siliconed almost everything shut. There was a huge pile of things out back that the landlord said hed haul off.

I have a young son and this apartment was only meant to be a temporary means to an end.. So I did have a roommate. I gave her privacy and she was a friend and coworker.. So I thought I knew her fairly well.

The cable hookup for some reason was in her room. One day I ended up having to reset it.. And there was trash halfway up my shin all over her floor. I told her to clean it.. She did. I checked again a week or two later.. More trash. Worse this time. 2 liters busted everywhere.. Pizza boxes half full.. Etc. I cleaned it then and there. Told her she needs to replace the carpet and she agreed.

A few weeks later.. Trash again. I kept begging her to stop and pick up after herself. Parts of the previously off white carpet are brown and black. I talked to the landlord and I told my roommate that once the lease was up.. She needed to leave but she would need to fix the carpet. Landlord doesnt know about the carpet damage. I had found the same carpet and was hoping it would all be done by now. However.. Two months later and she still has an insnely dirty mattress in that room. I keep hearing, "my next day off Ill do it".. Yea. Sure.

That brings me to now. Landlord is now blaming me for the pile of trash in the back. My son has never been able to play back in the yard because of it. Tons of metal and glass. The neighbors have been adding to it. Theres now furniture, etc.. Come to find out that the landlord TOLD people to do this.. And hes telling me to call cops on people who add to it.. But I cant prove who did it!

He told me to burn everything or haul it off. I dont have the money to fix the issue he created and theres a burn ban. I came home yesterday from the store (ran an errand for my step mom who lives two doors down) and the landlord had shown up and set the pile on fire.. Its maybe 10 feet from my back patio and surrounded by trees. He planned to LEAVE IT UNATTENDED and Id probably have gotten fined for it. Anyway, I got out of thr car and he chases me down in front of my dads apartment.. And starts saying hes evicting me for the pile. Its my fault, etc.. Even though he was telling people to do it. He was drinking heavily.

My step mom overhears this.. And (they have a different landlord) hes on their doorstep and in their yard now.. Laying into me and threatening me in front of children.. And she lays back into him. I ask her to go inside.. My dad comes out and tells him to leave their property.. My landlord gets in his face. Calls them all kinds of names. It got vulgar on both sides. He tells the world hes evicting me.

By this time, ive already called the fire department because of the burn ban and I was not getting stuck with that fine. The fire was taller than our building and its a miracle it didnt apread.


I'm at a loss. I havent had time to replace my ex roommates carpet. Her stuff is still there..
But I did want to see the extent of the damage she caused and I pulled up a corner.. The padding has to be replaced as well.


At this point.. I feel like I'm likely to be sued over that room. The other parts of the upstairs carpet are stained by juice (which ive tried so many times to clean.. I dont know what else to do).. But the carpet was also stained before we moved in. The landlord hasnt fiixed the dishwasher or the garbage disposal.. And its the same in all four of his apartments. The entire establishment would likely fail an inspection.

Would it be more beneficial to remove the carpet and padding in my ex roommates room to alleviate some of the work that will have to be done after I leave? Would it benefit me at all to show that the damage was because of my roommate?

I just need advice. Im lost. I was afraid of telling him about the damage (shes still not completely moved out. I did say in passing that she's super disgusting) because I was afraid id be the one held responsible.
 


not2cleverRed

Obvious Observer
You've not been evicted yet.

Eviction is a legal process and requires notice and the landlord getting a court order. During this process you have a chance to respond to his allegations.

When the landlord gets irrationally in your face, the best thing to do is not engage and add fuel to the fire. Remove yourself from his presence when he is like that, and call the police if he does not allow you to do so and you fear escalation on his part. It was good that you called the fire department.

If the carpets were not new, then the most you should be responsible for is the depreciated value. If the carpets were past their lifetime date (carpets in rentals are expected to be replaced every so many years), they may be due to be replaced anyhow.

I'm sorry about your roommate problem. I'm glad you are getting her to move out.
 

FarmerJ

Senior Member
Carpets that are well cared for do not have to be replaced every few years ( my living room carpet was installed a few months before we bought this place and it is almost 18 years old) the deal with carpets in rentals is that landlords often buy medium grades of carpet will go to local carpet & flooring place and get a so called landlord special because so many tenants will not run carpet cleaning machines on them during tenancy , , traffic patterns , staining, ground in dirt etc shorten the life of carpet making it worse when no one is regularly cleaning it. As to former roommate if she has moved but left stuff behind she is now taking advantage of your so called friendship. Send to her written on paper a notice( your name and address and date ) telling her she has ( 30 days ???) to get those things out of there or you will treat them as abandoned and dispose of them, date it sign it and mail it to her last known regular mail address via certified mail , keep a copy for your own record stapled to your postal receipt incase you need it for court. BTW this former roommate is not a friend because if she was she really would not have treated the room she was in as her own personal pig sty. Try to contact local carpet cleaning firms and let one of them have at it after she is gone, Maybe they can get it nice enough looking that it wont be a issue ( maybe you could plan it out and have more than one room done. As far as garbage goes if your lease doesn't include trash collection but you don't want any one else to dump In a can you pay for then call several locals to see if they offer trash can with a lock that they provide you a key with or If they offer bag service ( our trash hauler { Jim`s } has yellow bags with their name printed on them and customers can buy them at the haulers office or at the local hardware 5.00 each) And when anyone else comes over to dump and you catch get lic plate plate and tell them you will call the police if they illegally dump, If they counter that the LL told them they could call the police. When one rents unless a written lease excludes something that also means that your renting yard space too and since that can make a tenant responsible for damage then no matter what the LL has to say about it your supposed to have use of it and that means to be able to say who can be there ( your guest ) and who cannot be there . As far as the LLs burning rubbish keep calling your city each time he illegally burns ( keep track of when you call them on s calendar for your records)
 

HRZ

Senior Member
BTW as a general rule your subtenant has not ended her tenancy until her stuff is out and her premises surrendered to you...details vary ..but jawbone her that her bill keeps on running! And your post is unclear about her exit ..either you do the drill by the book to evict her or you jawbone an actual surrender and return of keys
 

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